ESPAILLAT

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A11665 - Details

A11665 - Summary

Enacts the "language barrier elimination act" to provide translations to the limited English proficient in connection with services provided through the department of labor, department of family assistance or department of health.

S T A T E O F N E W Y O R K
________________________________________________________________________
11665
I N A S S E M B L Y
July 6, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Espaillat)
-- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to ensuring equal access
to health and human services for limited English speaking individuals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Declaration of legislative findings and intent. Title VI of
the civil rights act of 1964 provides in pertinent part that "no person
in the United States shall on the ground of race, color or national
origin, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving
federal assistance." The United States department of justice and the
department of health and human services have stated that failure to
provide language assistance to limited English speaking individuals
seeking assistance in federally funded, state supervised or administered
programs amounts to a violation of Title VI by discriminating against
such individuals based upon their national origin.
It is and has been the policy of the state of New York to oppose all
forms of discrimination, particularly when it relates to the provision
of state services, or locally provided services under state supervision.
However, the department of health and human services office of civil
rights, the office responsible for enforcing Title VI in department of
health and human services programs, found that the New York state office
of temporary and disability assistance, the New York state department of
health, the New York City human resources administration, and the
departments of social services in Nassau and Suffolk counties were in
violation of Title VI based upon the state and counties' failure to
provide interpretation services for limited English proficient individ-
uals. Specifically, the office of civil rights found that limited
English proficient clients seeking and/or applying for subsistence bene-
fits such as food stamps and public assistance for children and Medicaid
benefits were routinely unable to access such benefits due to their
inability to speak English.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11657-01-9

A. 11665 2
A legislative hearing on immigrant child welfare issues also found
that the lack of interpreters in child welfare cases resulted in chil-
dren in families who were limited English proficient being unnecessarily
removed from their parents. In addition, limited English proficient
residents of New York have been unable to access unemployment and other
services from the department of labor due to the lack of translated
materials and interpreters. The New York language barrier elimination
act serves a twofold purpose: first, the act will ensure that the state
is in compliance with federal law in ensuring access to benefits and
opportunities to participate in any program or activity receiving feder-
al assistance; second, and more importantly, the act will ensure that
all those in need of health and human services receive them, and that no
one attempting to access such services will be discriminated against
based upon the language they speak.
S 2. The executive law is amended by adding a new article 14-A to read
as follows:
ARTICLE 14-A
LANGUAGE BARRIER ELIMINATION ACT
SECTION 275. SHORT TITLE.
276. DEFINITIONS.
277. AGENCIES.
278. LANGUAGE ASSISTANCE SERVICES.
279. NOTICES.
280. RECORDS.
281. LANGUAGE ASSISTANCE SERVICES REQUIRED.
282. SCREENING AND TRAINING.
283. MISCELLANEOUS.
284. COMPTROLLER AUDITS.
285. CIVIL CAUSE OF ACTION.
286. LIMITATIONS.
287. RULES.
288. SEVERABILITY.
S 275. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
"LANGUAGE BARRIER ELIMINATION ACT".
S 276. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "AGENCY" SHALL MEAN THOSE ENTITIES, INCLUDING ANY PART, SUBDIVI-
SION, FIELD OFFICE OR SATELLITE FACILITY, INCLUDING OFFICES OPERATED BY
COUNTY GOVERNMENTS, REQUIRED TO PROVIDE LANGUAGE ASSISTANCE SERVICES
PURSUANT TO THIS ARTICLE.
2. "AGENCY CONTRACTOR" SHALL MEAN ANY INDIVIDUAL, SOLE PROPRIETORSHIP,
PARTNERSHIP, COMMUNITY BASED ORGANIZATION, JOINT VENTURE OR CORPORATE
ENTITY, INCLUDING ANY PART, SUBDIVISION, FIELD OFFICE OR SATELLITE
FACILITY, WHICH ENTERS INTO A CONTRACT OR CONTRACTS WITH AN AGENCY TO
PROVIDE AGENCY-RELATED SERVICES TO THE PUBLIC, AND WHICH RECEIVES A
TOTAL OF ONE MILLION DOLLARS OR MORE IN PAYMENT FOR SUCH SERVICES ON AN
ANNUALIZED BASIS PURSUANT TO THE TERMS OF SUCH CONTRACT OR CONTRACTS.
3. "BILINGUAL PERSONNEL" SHALL MEAN AGENCY OR AGENCY CONTRACTOR
EMPLOYEES, EXCLUDING PARTICIPANTS IN WORK EXPERIENCE PROGRAMS, WHO
PROVIDE LANGUAGE ASSISTANCE SERVICES IN ADDITION TO THEIR DUTIES.
4. "CONTRACT" SHALL MEAN ANY WRITTEN AGREEMENT, PURCHASE ORDER OR
INSTRUMENT WHEREBY THE AGENCY IS COMMITTED TO EXPEND OR DOES EXPEND
FUNDS IN RETURN FOR WORK, LABOR, SERVICES, OR ANY COMBINATION OF THE
FOREGOING.
A. 11665 3
5. "DOCUMENTS" SHALL MEAN WRITTEN MATERIAL, WHETHER ELECTRONIC OR
PRINTED, INCLUDING BUT NOT LIMITED TO, FORMS, APPLICATIONS, NOTICES AND
CORRESPONDENCE, THAT REQUIRE A RESPONSE OR AFFECT BENEFITS LEVELS AND/OR
SERVICES.
6. "INTERPRETER PERSONNEL" SHALL MEAN AGENCY OR AGENCY CONTRACTOR
EMPLOYEES WHOSE SOLE RESPONSIBILITY IS TO PROVIDE LANGUAGE ASSISTANCE
SERVICES. SUCH DEFINITION SHALL NOT INCLUDE WORK EXPERIENCE PROGRAM
PARTICIPANTS.
7. "INTERPRETATION SERVICES" SHALL MEAN ORAL, CONTEMPORANEOUS INTER-
PRETATION OF ORAL CONVERSATIONS.
8. "LANGUAGE ASSISTANCE SERVICES" SHALL MEAN LEVEL I AND LEVEL II
LANGUAGE ASSISTANCE SERVICES AS DEFINED IN THIS SECTION.
9. "LEVEL I LANGUAGE ASSISTANCE SERVICES" SHALL MEAN INTERPRETATION
SERVICES AND TRANSLATION SERVICES PROVIDED BY BILINGUAL PERSONNEL OR
INTERPRETER PERSONNEL TO LIMITED ENGLISH PROFICIENT INDIVIDUALS THAT
ENSURES THEIR ABILITY TO COMMUNICATE EFFECTIVELY WITH AGENCY OR AGENCY
CONTRACTOR PERSONNEL, ACCESS BENEFITS AND SERVICES, PARTICIPATE EQUALLY
IN ALL SUBSTANTIVE PROGRAMS AND UNDERSTAND DOCUMENTS; PROVIDED, HOWEVER,
THAT SUCH SERVICES MAY NOT BE PROVIDED BY VOLUNTEERS, RELATIVES, SPOUSES
OR DOMESTIC PARTNERS OF AN INDIVIDUAL IN NEED OF SUCH SERVICES, OR BY A
CLIENT OF THE AGENCY OR AGENCY CONTRACTOR FROM WHICH SUCH INDIVIDUAL IS
SEEKING ASSISTANCE.
10. "LEVEL II LANGUAGE ASSISTANCE SERVICES" SHALL MEAN LANGUAGE
ASSISTANCE SERVICES PROVIDED TO LIMITED ENGLISH PROFICIENT INDIVIDUALS
BY MEANS OTHER THAN INTERPRETER PERSONNEL OR BILINGUAL PERSONNEL THAT
ENSURES THEIR ABILITY TO COMMUNICATE EFFECTIVELY WITH AGENCY OR AGENCY
CONTRACTOR PERSONNEL, ACCESS BENEFITS AND SERVICES, PARTICIPATE EQUALLY
IN ALL SUBSTANTIVE PROGRAMS AND UNDERSTAND DOCUMENTS; PROVIDED, HOWEVER,
THAT SUCH SERVICES MAY NOT BE PROVIDED BY VOLUNTEERS, RELATIVES, SPOUSES
OR DOMESTIC PARTNERS OF AN INDIVIDUAL IN NEED OF SUCH SERVICES, OR BY A
CLIENT OF THE AGENCY OR AGENCY CONTRACTOR FROM WHICH SUCH INDIVIDUAL IS
SEEKING ASSISTANCE.
11. "LIMITED ENGLISH PROFICIENT INDIVIDUAL" SHALL MEAN AN INDIVIDUAL
WHO IDENTIFIES AS BEING, OR IS EVIDENTLY, UNABLE TO SPEAK, READ OR WRITE
THE ENGLISH LANGUAGE AT A LEVEL THAT PERMITS HIM OR HER TO INTERACT
EFFECTIVELY WITH AGENCY OR AGENCY CONTRACTOR PERSONNEL.
12. "PRIMARY LANGUAGE" SHALL MEAN THE LANGUAGE CHOSEN BY A LIMITED
ENGLISH PROFICIENT INDIVIDUAL AS THE LANGUAGE TO BE USED IN COMMUNICAT-
ING WITH SUCH INDIVIDUAL.
13. "PRIMARY LANGUAGE GROUP" SHALL MEAN A GROUP OF INDIVIDUALS SHARING
THE SAME PRIMARY LANGUAGE.
14. "TRANSLATION SERVICES" SHALL MEAN THE TRANSLATION OF WRITTEN
MATTER EITHER ORALLY OR IN WRITING.
S 277. AGENCIES. THE FOLLOWING ENTITIES SHALL PROVIDE LANGUAGE ASSIST-
ANCE SERVICES FOR SERVICES DIRECTLY PROVIDED BY SUCH AGENCY AND SHALL BE
RESPONSIBLE FOR ENSURING THAT COUNTY AGENCIES AND AGENCY CONTRACTORS
PROVIDING SERVICES UNDER STATE SUPERVISION PROVIDE LANGUAGE ASSISTANCE
SERVICES, AS REQUIRED UNDER THIS ARTICLE: THE NEW YORK STATE DEPARTMENT
OF FAMILY ASSISTANCE, THE NEW YORK STATE DEPARTMENT OF HEALTH, AND THE
NEW YORK STATE DEPARTMENT OF LABOR.
S 278. LANGUAGE ASSISTANCE SERVICES. 1. EACH AGENCY AND AGENCY
CONTRACTOR SHALL PROVIDE LANGUAGE ASSISTANCE SERVICES AS REQUIRED UNDER
THIS ARTICLE FREE OF CHARGE TO LIMITED ENGLISH PROFICIENT INDIVIDUALS.
2. AGENCY CONTRACTORS SHALL PROVIDE LANGUAGE ASSISTANCE SERVICES AS
REQUIRED UNDER THIS ARTICLE FOR PROGRAMS AND/OR SERVICES OFFERED PURSU-
ANT TO A CONTRACT OR CONTRACTS WITH AN AGENCY.
A. 11665 4
S 279. NOTICES. 1. UPON INITIAL CONTACT, WHETHER BY TELEPHONE OR IN
PERSON, WITH AN INDIVIDUAL SEEKING BENEFITS AND/OR SERVICES OFFERED BY
AN AGENCY OR AGENCY CONTRACTOR, SUCH AGENCY OR AGENCY CONTRACTOR SHALL
NOTIFY SUCH INDIVIDUAL OF THE RIGHT TO FREE LANGUAGE ASSISTANCE
SERVICES. IMMEDIATELY FOLLOWING SUCH NOTIFICATION, THE AGENCY OR AGENCY
CONTRACTOR SHALL DETERMINE THE PRIMARY LANGUAGE OF SUCH INDIVIDUAL. SUCH
DETERMINATION SHALL BE MADE BY ASKING THE INDIVIDUAL TO INDICATE HIS OR
HER PRIMARY LANGUAGE. IF IT IS DETERMINED THAT SUCH INDIVIDUAL'S PRIMARY
LANGUAGE IS NOT ENGLISH, THEN UPON SUCH DETERMINATION THE AGENCY OR
AGENCY CONTRACTOR SHALL INFORM SUCH INDIVIDUAL IN HIS OR HER PRIMARY
LANGUAGE OF THE RIGHT TO FREE LANGUAGE ASSISTANCE SERVICES.
2. WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS
ARTICLE, EACH AGENCY AND AGENCY CONTRACTOR SHALL DETERMINE THE PRIMARY
LANGUAGE OF EACH INDIVIDUAL CURRENTLY RECEIVING BENEFITS AND/OR SERVICES
PROVIDED BY SUCH AGENCIES AND AGENCY CONTRACTORS. IF IT IS DETERMINED
THAT ANY SUCH INDIVIDUAL'S PRIMARY LANGUAGE IS NOT ENGLISH, THEN UPON
SUCH DETERMINATION THE AGENCY OR AGENCY CONTRACTOR SHALL INFORM SUCH
INDIVIDUAL IN HIS OR HER PRIMARY LANGUAGE OF THE RIGHT TO FREE LANGUAGE
ASSISTANCE SERVICES.
3. EACH AGENCY AND AGENCY CONTRACTOR SHALL POST CONSPICUOUS SIGNS FOR
EACH PRIMARY LANGUAGE GROUP CONSTITUTING TEN PERCENT OR MORE OF THE
INDIVIDUALS ELIGIBLE TO BE SERVED OR LIKELY TO BE DIRECTLY AFFECTED BY
THE AGENCY OR AGENCY CONTRACTOR AT ALL AGENCY AND AGENCY CONTRACTOR
OFFICES IN WHICH SERVICES ARE PROVIDED TO THE PUBLIC, INFORMING LIMITED
ENGLISH PROFICIENT INDIVIDUALS OF THEIR RIGHT TO FREE LANGUAGE ASSIST-
ANCE SERVICES.
S 280. RECORDS. EACH AGENCY AND AGENCY CONTRACTOR SHALL MAINTAIN A
RECORD OF THE PRIMARY LANGUAGE OF INDIVIDUALS SEEKING OR RECEIVING AGEN-
CY OR AGENCY CONTRACTOR SERVICES. PRIMARY LANGUAGE DETERMINATIONS
REGARDING INDIVIDUALS SEEKING AGENCY OR AGENCY CONTRACTOR SERVICES SHALL
BE RECORDED WHETHER OR NOT SUCH INDIVIDUAL ACTUALLY OBTAINS SUCH
SERVICES.
S 281. LANGUAGE ASSISTANCE SERVICES REQUIRED. 1. IF, ON AN ANNUAL
BASIS, TEN PERCENT OR MORE LIMITED ENGLISH PROFICIENT INDIVIDUALS
BELONGING TO THE SAME PRIMARY LANGUAGE GROUP SEEK OR RECEIVE SERVICES OR
BENEFITS AT AN AGENCY OR AGENCY CONTRACTOR, THEN SUCH AGENCY OR AGENCY
CONTRACTOR SHALL PROVIDE LEVEL I LANGUAGE ASSISTANCE SERVICES IMMEDIATE-
LY IN ALL INTERACTIONS WITH A MEMBER OF SUCH PRIMARY LANGUAGE GROUP,
WHETHER SUCH INTERACTION IS BY TELEPHONE OR IN PERSON, AND ALL CORRE-
SPONDENCE FROM SUCH AGENCY OR AGENCY CONTRACTOR TO ANY MEMBER OF SUCH
PRIMARY LANGUAGE GROUP SHALL BE WRITTEN IN SUCH MEMBER'S PRIMARY
LANGUAGE.
2. IF, ON AN ANNUAL BASIS, AT LEAST TWO PERCENT BUT LESS THAN TEN
PERCENT LIMITED ENGLISH PROFICIENT INDIVIDUALS BELONGING TO THE SAME
PRIMARY LANGUAGE GROUP SEEK OR RECEIVE SERVICES OR BENEFITS AT AN AGENCY
OR AGENCY CONTRACTOR, THEN SUCH AGENCY OR AGENCY CONTRACTOR SHALL
PROVIDE LEVEL I LANGUAGE ASSISTANCE SERVICES WITHIN TWENTY-FOUR HOURS OF
A REQUEST FOR SUCH SERVICES BY A MEMBER OF SUCH PRIMARY LANGUAGE GROUP.
3. IF, ON AN ANNUAL BASIS, FEWER THAN TWO PERCENT LIMITED ENGLISH
PROFICIENT INDIVIDUALS BELONGING TO THE SAME PRIMARY LANGUAGE GROUP SEEK
OR RECEIVE SERVICES OR BENEFITS AT AN AGENCY OR AGENCY CONTRACTOR, THEN
SUCH AGENCY OR AGENCY CONTRACTOR SHALL PROVIDE LEVEL I LANGUAGE ASSIST-
ANCE SERVICES OR LEVEL II LANGUAGE ASSISTANCE SERVICES WITHIN
TWENTY-FOUR HOURS OF A REQUEST FOR LANGUAGE ASSISTANCE BY A MEMBER OF
SUCH PRIMARY LANGUAGE GROUP.
A. 11665 5
4. DURING THE FIRST NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTI-
CLE, EACH AGENCY AND AGENCY CONTRACTOR SHALL DETERMINE THE NUMBER OF
LIMITED ENGLISH PROFICIENT INDIVIDUALS FOR EACH PRIMARY LANGUAGE GROUP
SEEKING AND/OR RECEIVING SERVICES FROM SUCH AGENCY OR AGENCY CONTRACTOR
DURING SUCH PERIOD, AND SHALL MULTIPLY EACH SUCH NUMBER BY FOUR TO
DETERMINE A PROJECTED ANNUAL NUMBER OF LIMITED ENGLISH PROFICIENT INDI-
VIDUALS IN NEED OF LANGUAGE ASSISTANCE SERVICES. THE RESULT OF SUCH
CALCULATION SHALL DETERMINE THE INITIAL LEVEL OF LANGUAGE ASSISTANCE
SERVICES REQUIRED UNDER THIS SECTION. THE DETERMINATION OF THE LEVEL OF
LANGUAGE ASSISTANCE SERVICES REQUIRED UNDER THIS ARTICLE SHALL BE MADE
ANNUALLY AND BASED ON ANNUAL DATA THEREAFTER.
5. WHERE AN APPLICATION OR FORM REQUIRES COMPLETION IN ENGLISH BY A
LIMITED ENGLISH PROFICIENT INDIVIDUAL FOR SUBMISSION TO A STATE AUTHORI-
TY, THE AGENCY OR AGENCY CONTRACTOR SHALL PROVIDE ORAL TRANSLATION OF
SUCH APPLICATION OR FORM AS WELL AS CERTIFICATION BY THE LIMITED ENGLISH
PROFICIENT INDIVIDUAL THAT THE FORM WAS TRANSLATED AND COMPLETED BY AN
INTERPRETER.
6. AT EACH OFFICE (SERVING THE PUBLIC) OF EACH AGENCY OR AGENCY
CONTRACTOR, THERE SHALL BE POSTED CONSPICUOUSLY, IN NOT LESS THAN TWELVE
POINT, BOLD-FACED TYPE, IN THE APPROPRIATE LANGUAGE FOR EACH PRIMARY
LANGUAGE GROUP CONSTITUTING TEN PERCENT OR MORE OF THE INDIVIDUALS
ELIGIBLE TO BE SERVED OR LIKELY TO BE DIRECTLY AFFECTED BY THE AGENCY OR
AGENCY CONTRACTOR, THE FOLLOWING STATEMENT: "IMPORTANT: DOCUMENTS IN
THIS OFFICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR BENEFITS. WE WILL
TRANSLATE THESE DOCUMENTS FOR YOU FREE OF CHARGE." FOLLOWING SUCH STATE-
MENT SHALL BE THE NAME, TELEPHONE NUMBER AND ADDRESS OF THE AGENCY OR
AGENCY CONTRACTOR TO CONTACT TO REQUEST FREE TRANSLATION OF A DOCUMENT.
S 282. SCREENING AND TRAINING. 1. BEFORE BILINGUAL PERSONNEL OR INTER-
PRETER PERSONNEL MAY PROVIDE LANGUAGE ASSISTANCE SERVICES, SUCH PERSON-
NEL MUST BE SCREENED BY THE AGENCY OR AGENCY CONTRACTOR EMPLOYING SUCH
PERSONNEL TO ENSURE THAT THEY ARE CAPABLE OF PROVIDING SUCH SERVICES
EFFECTIVELY. IN ADDITION, EACH AGENCY AND AGENCY CONTRACTOR SHALL
PROVIDE ANNUAL TRAINING FOR SUCH PERSONNEL TO ENSURE THAT SUCH PERSONNEL
ARE PROVIDING LANGUAGE ASSISTANCE SERVICES EFFECTIVELY.
2. EACH AGENCY OR AGENCY CONTRACTOR PROVIDING LEVEL II LANGUAGE
ASSISTANCE SERVICES SHALL ENSURE THAT SUCH SERVICES ARE EFFECTIVE.
S 283. MISCELLANEOUS. 1. NOTHING IN THIS SECTION SHALL PRECLUDE AN
AGENCY OR AGENCY CONTRACTOR FROM PROVIDING LANGUAGE SERVICES IN ADDITION
TO THOSE REQUIRED UNDER THIS ARTICLE.
2. LANGUAGE ASSISTANCE SERVICES REQUIRED PURSUANT TO THIS ARTICLE TO
BE PROVIDED BY AN AGENCY SHALL BE PERFORMED BY EMPLOYEES OF SUCH AGENCY.
3. IF AN AGENCY CONTRACTOR ENTERS INTO AN AGREEMENT WITH AN ENTITY TO
PROVIDE SERVICES TO THE PUBLIC THAT SUCH AGENCY CONTRACTOR IS REQUIRED
TO PROVIDE UNDER A CONTRACT WITH AN AGENCY, THEN SUCH ENTITY SHALL BE
CONSIDERED AN AGENCY CONTRACTOR FOR PURPOSES OF THIS ARTICLE AND SHALL
PROVIDE LANGUAGE ASSISTANCE SERVICES AS REQUIRED IN THIS ARTICLE.
4. THIS ARTICLE SHALL NOT APPLY TO ANY CONTRACT WITH AN AGENCY
CONTRACTOR ENTERED INTO PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE,
EXCEPT THAT RENEWAL, AMENDMENT OR MODIFICATION OF SUCH CONTRACT OCCUR-
RING ON OR AFTER SUCH EFFECTIVE DATE SHALL BE SUBJECT TO THE PROVISIONS
OF THIS ARTICLE.
S 284. COMPTROLLER AUDITS. 1. THE COMPTROLLER SHALL CONDUCT ANNUAL
AUDITS OF THE AGENCIES AND AGENCY CONTRACTORS REQUIRED TO PROVIDE
LANGUAGE ASSISTANCE SERVICES PURSUANT TO THIS ARTICLE. SUCH AUDITS
SHALL GENERALLY DETERMINE THE EFFECTIVENESS OF THE LANGUAGE ASSISTANCE
SERVICES PROVIDED BY EACH AGENCY AND AGENCY CONTRACTOR. SPECIFICALLY,
A. 11665 6
SUCH AUDITS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMA-
TION: (A) THE NUMBER OF REQUESTS FOR LANGUAGE ASSISTANCE SERVICES,
DISAGGREGATED BY AGENCY AND AGENCY CONTRACTOR, TYPE OF LANGUAGE ASSIST-
ANCE REQUESTED AND PRIMARY LANGUAGE;
(B) THE NUMBER OF LIMITED ENGLISH PROFICIENT INDIVIDUALS SERVED,
DISAGGREGATED BY AGENCY AND AGENCY CONTRACTOR, TYPE OF LANGUAGE ASSIST-
ANCE REQUESTED AND PRIMARY LANGUAGE;
(C) THE NUMBER OF BILINGUAL PERSONNEL AND THE NUMBER OF INTERPRETER
PERSONNEL, DISAGGREGATED BY AGENCY, AGENCY CONTRACTOR AND LANGUAGE
TRANSLATED BY SUCH PERSONNEL;
(D) THE AVERAGE LENGTH OF TIME TO PROVIDE LANGUAGE ASSISTANCE SERVICES
TO LIMITED ENGLISH PROFICIENT INDIVIDUALS, DISAGGREGATED BY AGENCY,
AGENCY CONTRACTOR AND PRIMARY LANGUAGE;
(E) WHETHER PRIMARY LANGUAGE DETERMINATIONS ARE PROPERLY RECORDED,
DISAGGREGATED BY AGENCY AND AGENCY CONTRACTOR; AND
(F) WHETHER, AS DETERMINED THROUGH A RANDOM SAMPLING OF TRANSLATED
DOCUMENTS, DOCUMENTS HAVE BEEN TRANSLATED PROPERLY AND IN A TIMELY
MANNER AND SENT TO THE APPROPRIATE PARTY, DISAGGREGATED BY AGENCY AND
AGENCY CONTRACTOR.
2. WHENEVER POSSIBLE, THE RESULTS OF SUCH AUDITS SHALL BE VERIFIED
THROUGH DIRECT CONTACT WITH A STATISTICALLY SIGNIFICANT SAMPLE OF AGENCY
AND/OR AGENCY CONTRACTOR CLIENTS.
S 285. CIVIL CAUSE OF ACTION. EXCEPT AS OTHERWISE PROVIDED BY LAW, ANY
PERSON CLAIMING TO BE INJURED BY THE FAILURE OF AN AGENCY OR AGENCY
CONTRACTOR TO PROVIDE LANGUAGE ASSISTANCE SERVICES AS REQUIRED UNDER
THIS ARTICLE, SHALL HAVE A CAUSE OF ACTION AGAINST SUCH AGENCY OR AGENCY
CONTRACTOR IN ANY COURT OF COMPETENT JURISDICTION FOR ANY OR ALL OF THE
FOLLOWING RELIEF:
(A) COMPENSATORY AND PUNITIVE DAMAGES;
(B) INJUNCTIVE AND DECLARATORY RELIEF;
(C) ATTORNEYS' FEES AND COSTS; AND
(D) SUCH OTHER RELIEF AS A COURT MAY DEEM APPROPRIATE.
S 286. LIMITATIONS. A CIVIL ACTION UNDER THIS ARTICLE MUST BE
COMMENCED WITHIN ONE YEAR AFTER THE ALLEGED VIOLATION OF THE REQUIRE-
MENTS OF THIS ARTICLE. IF, HOWEVER, DUE TO INJURY OR DISABILITY RESULT-
ING FROM AN ACT OR ACTS GIVING RISE TO A CAUSE OF ACTION UNDER THIS
ARTICLE, OR DUE TO INFANCY AS DEFINED IN THE CIVIL PRACTICE LAW AND
RULES, A PERSON ENTITLED TO COMMENCE AN ACTION UNDER THIS ARTICLE IS
UNABLE TO DO SO AT THE TIME SUCH CAUSE OF ACTION ACCRUES, THEN THE TIME
WITHIN WHICH THE ACTION MUST BE COMMENCED SHALL BE EXTENDED TO ONE YEAR
AFTER THE INABILITY TO COMMENCE THE ACTION CEASES.
S 287. RULES. EACH AGENCY SHALL PROMULGATE SUCH RULES AS ARE NECESSARY
FOR THE PURPOSES OF IMPLEMENTING AND CARRYING OUT THE PROVISIONS OF THIS
ARTICLE. SUCH RULES SHALL BE APPLICABLE TO THE AGENCY THAT PROMULGATED
THE RULES AS WELL AS TO AGENCY CONTRACTORS ASSOCIATED WITH SUCH AGENCY.
S 288. SEVERABILITY. IF ANY SECTION, SUBDIVISION, SENTENCE, CLAUSE,
PHRASE OR OTHER PORTION OF THIS ARTICLE IS, FOR ANY REASON, DECLARED
UNCONSTITUTIONAL OR INVALID, IN WHOLE OR IN PART, BY ANY COURT OF COMPE-
TENT JURISDICTION SUCH PORTION SHALL BE DEEMED SEVERABLE, AND SUCH
UNCONSTITUTIONALITY OR INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE
REMAINING PORTIONS OF THIS LAW, WHICH REMAINING PORTIONS SHALL CONTINUE
IN FULL FORCE AND EFFECT.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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